49-13-405 - Death of married members -- Service retirement benefits to surviving spouse.
49-13-405. Death of married members -- Service retirement benefits to survivingspouse.
(1) As used in this section, "member's full allowance" means an Option Three allowancecalculated under Section 49-13-402 without an actuarial reduction.
(2) Upon the request of a deceased member's lawful spouse at the time of the member'sdeath, the deceased member is considered to have retired under Option Three on the first day ofthe month following the month in which the member died if the following requirements are met:
(a) the member has:
(i) 15 or more years of service credit;
(ii) attained age 62 with 10 or more years of service credit; or
(iii) attained age 65 with four or more years of service credit; and
(b) the member dies leaving a spouse to whom the member has been married at least sixmonths immediately prior to the death date.
(3) The spouse who requests a benefit under this section shall apply in writing to theoffice. The allowance shall begin on the first day of the month:
(a) following the month in which the member died, if the application is received by theoffice within 90 days of the member's death; or
(b) in which the application is received by the office.
(4) The allowance payable to a surviving spouse under Subsection (2) is:
(a) if the member has 25 or more years of service credit at the time of death, thesurviving spouse shall receive the member's full allowance;
(b) if the member has between 20-24 years of service credit and is not age 60 or older atthe time of death, the surviving spouse shall receive 2/3 of the member's full allowance;
(c) if the member has between 15-19 years of service credit and is not age 62 or older atthe time of death, the surviving spouse shall receive 1/3 of the member's full allowance; or
(d) if the member is age 60 or older with 20 or more years of service credit, age 62 orolder with 10 or more years of service credit, or age 65 or older with four or more years ofservice credit at the time of death, the surviving spouse shall receive an Option Three benefitwith actuarial reductions.
(5) Except for a return of member contributions, benefits payable under this section areretirement benefits and shall be paid in addition to any other payments made under Section49-13-501 and shall constitute a full and final settlement of the claim of the spouse or any otherbeneficiary filing a claim for benefits under Section 49-13-501.
Amended by Chapter 116, 2005 General Session